§ 53-202w — Large capacity magazines. Definitions. Sale, transfer or possession prohibited. Exceptions.

Connecticut § 53-202w

• Jurisdiction: Connecticut
• Title 53: Crimes
• Ch. 943: Offenses Against Public Peace and Safety

Text

(a) As used in this section and section 53-202x: (1) “Large capacity magazine” means any firearm magazine, belt, drum, feed strip or similar device that has the capacity of, or can be readily restored or converted to accept, more than ten rounds of ammunition, but does not include: (A) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds of ammunition, (B) a .22 caliber tube ammunition feeding device, (C) a tubular magazine that is contained in a lever-action firearm, or (D) a magazine that is permanently inoperable; (2) “Lawfully possesses”, with respect to a large capacity magazine, means that a person has (A) actual and lawful possession of the large capacity magazine, (B) constructive possession of the large capacity magazine pursuant to a lawful purchase of a firearm that contains a large capacity magazine that was transacted prior to or on April 4, 2013, regardless of whether the firearm was delivered to the purchaser prior to or on April 4, 2013, which lawful purchase is evidenced by a writing sufficient to indicate that (i) a contract for sale was made between the parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii) full or partial payment for the firearm was made by the purchaser to the seller of the firearm prior to or on April 4, 2013, or (C) actual possession under subparagraph (A) of this subdivision, or constructive possession under subparagraph (B) of this subdivision, as evidenced by a written statement made under penalty of false statement on such form as the Commissioner of Emergency Services and Public Protection prescribes; and (3) “Licensed gun dealer” means a person who has a federal firearms license and a permit to sell firearms pursuant to section 29-28 . (b) Except as provided in this section, on and after April 5, 2013, any person who, within this state, distributes, imports into this state, keeps for sale, offers or exposes for sale, or purchases a large capacity magazine shall be guilty of a class D felony. On and after April 5, 2013, any person who, within this state, transfers a large capacity magazine, except as provided in subsection (f) of this section, shall be guilty of a class D felony. (c) Except as provided in this section and section 53-202x , any person who possesses a large capacity magazine shall be guilty of a (1) class D felony if such person is ineligible to possess a firearm under state or federal law, or (2) class A misdemeanor if such person is not ineligible to possess a firearm under state or federal law. (d) A large capacity magazine may be possessed, purchased or imported by: (1) The Department of Emergency Services and Public Protection, police departments, the Department of Correction, the Division of Criminal Justice, the Department of Motor Vehicles, the Department of Energy and Environmental Protection or the military or naval forces of this state or of the United States; (2) A sworn and duly certified member of an organized police department, the Division of State Police within the Department of Emergency Services and Public Protection or the Department of Correction, a chief inspector or inspector in the Division of Criminal Justice, a salaried inspector of motor vehicles designated by the Commissioner of Motor Vehicles, a conservation officer or special conservation officer appointed by the Commissioner of Energy and Environmental Protection pursuant to section 26-5 , or a constable who is certified by the Police Officer Standards and Training Council and appointed by the chief executive authority of a town, city or borough to perform criminal law enforcement duties, for use by such sworn member, inspector, officer or constable in the discharge of such sworn member's, inspector's, officer's or constable's official duties or when off duty; (3) A member of the military or naval forces of this state or of the United States; (4) A nuclear facility licensed by the United States Nuclear Regulatory Commission for the purpose of providing security services at such facility, or any contractor or subcontractor of such facility for the purpose of providing security services at such facility; (5) Any person who is sworn and acts as a policeman on behalf of an armored car service pursuant to section 29-20 in the discharge of such person's official duties; or (6) Any person, firm or corporation engaged in the business of manufacturing large capacity magazines in this state that manufactures, purchases, tests or transports large capacity magazines in this state for sale within this state to persons specified in subdivisions (1) to (5), inclusive, of this subsection or for sale outside this state, or a federally-licensed firearm manufacturer engaged in the business of manufacturing firearms or large capacity magazines in this state that manufactures, purchases, tests or transports firearms or large capacity magazines in this state for sale within this state to persons specified in subdivisions (1) to (5), inclusive, of this subsection or for sale outside this state. (e) A large capacity magazine may be possessed by: (1) A licensed gun dealer; (2) A gunsmith who is in a licensed gun dealer's employ, who possesses such large capacity magazine for the purpose of servicing or repairing a lawfully possessed large capacity magazine; (3) A person, firm, corporation or federally-licensed firearm manufacturer described in subdivision (6) of subsection (d) of this section that possesses a large capacity magazine that is lawfully possessed by another person for the purpose of servicing or repairing the large capacity magazine; (4) Any person who has declared possession of the magazine pursuant to section 53-202x ; or (5) Any person who is the executor or administrator of an estate that includes a large capacity magazine, or the trustee of a trust that includes a large capacity magazine, the possession of which has been declared to the Department of Emergency Services and Public Protection pursuant to section 53-202x , which is disposed of as authorized by the Probate Court, if the disposition is otherwise permitted by this section and section 53-202x . (f) Subsection (b) of this section shall not prohibit: (1) The transfer of a large capacity magazine, the possession of which has been declared to the Department of Emergency Services and Public Protection pursuant to section 53-202x , by bequest or intestate succession, or, upon the death of a testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary; (2) The transfer of a large capacity magazine to a police department or the Department of Emergency Services and Public Protection; (3) The transfer of a large capacity magazine to a licensed gun dealer in accordance with section 53-202x ; or (4) The transfer of a large capacity magazine prior to October 1, 2013, from a licensed gun dealer, pawnbroker licensed under section 21-40 , or consignment shop operator, as defined in section 21-39a , to any person who (A) possessed the large capacity magazine prior to or on April 4, 2013, (B) placed a firearm that such person legally possessed, with the large capacity magazine included or attached, in the possession of such dealer, pawnbroker or operator prior to or on April 4, 2013, pursuant to an agreement between such person and such dealer, pawnbroker or operator for the sale of the firearm to a third person, and (C) is eligible to possess the firearm on the date of such transfer. (g) The court may order suspension of prosecution in addition to any other diversionary programs available to the defendant, if the court finds that a violation of this section is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection, it may order suspension of prosecution in accordance with the provisions of subsection (i) of section 29-33 .

Legislative History

(P.A. 13-3, S. 23; 13-220, S. 1; P.A. 23-53, S. 18, 27; 23-203, S. 3; P.A. 24-24, S. 23.) History: P.A. 13-3 effective April 4, 2013; P.A. 13-220 amended Subsec. (a)(2) to redefine “lawfully possesses”, amended Subsec. (d) to substantially revise list of persons permitted to possess, purchase or import a large capacity magazine, amended Subsec. (e) to insert new Subdiv. (3) re possession for purpose of repair, redesignate existing Subdivs. (3) and (4) as Subdivs. (4) and (5) and add provision re trust that includes a magazine in redesignated Subdiv. (5), amended Subsec. (f) to add provision re transfer by bequest, intestate succession or upon death of testator or settlor in Subdiv. (1) and add Subdiv. (4) re licensed gun dealer, pawnbroker or consignment shop operator permitted to transfer magazine not later than October 1, 2013, to person who legally possessed same prior to or on April 4, 2013, and made technical and conforming changes, effective June 18, 2013; P.A. 23-53 amended Subsec. (c) by replacing existing Subdiv. (1) infraction and class D felony penalties for first and subsequent offenses for possession of large capacity magazine on or after January 1, 2014, that was obtained prior to April 5, 2013, and existing Subdiv. (2) re class D felony penalty for possession of large capacity magazine on or after January 1, 2014, that was obtained on or after April 5, 2013, with new Subdiv. (1) re class D felony if person in possession of large capacity magazine is ineligible to possess a firearm, and new Subdiv. (2) re class A misdemeanor if person is not ineligible to possess a firearm and amended Subsec. (g) by adding provision re suspension of prosecution in addition to any other diversionary program and replacing reference to Sec. 29-33(h) with reference to Sec. 29-33(i); P.A. 23-203 amended Subsec. (g) by allowing the court to order suspension of prosecution in addition to any other diversionary programs available and replacing reference to Sec. 29-33(i) with reference to Sec. 29-33(h); P.A. 24-24 replaced reference to Sec. 29-33(i) with reference to Sec. 29-33(h) in Subsec. (g).